People v. Kupprat

CourtNew York Magistrate Court
Citation11 Misc.2d 731,171 N.Y.S.2d 457
PartiesPEOPLE v. John KUPPRAT. City Magistrates' Court of City of New York, Long Island City Court, Borough of Queens
Decision Date19 February 1958

Page 457

171 N.Y.S.2d 457
11 Misc.2d 731
PEOPLE

v.
John KUPPRAT.
City Magistrates' Court of City of New York, Long Island
City Court, Borough of Queens.
Feb. 19, 1958.

Page 458

Joseph Pettinato, Asst. Dist. Atty., Queens County, for the people.

Bernard Wolf, New York City, for defendant John Kupprat.

ANTHONY M. LIVOTI, City Magistrate.

Defendant is charged with Sabbath breaking in violation of Section 2147 of the Penal Law, in that he engaged in the sale of a monument on Sunday, January 5, 1958, in his place of business at Astoria. Defendant admits the sale and sets up the defense that the sale of a monument is a 'work of necessity' in a trade and permissible under Section 2146 of the Penal Law.

Section 2147 reads in part (Subd. 4):

'All manner of public selling or offering for sale of any property upon Sunday is prohibited, except as follows: * * *

[11 Misc.2d 732] '4. Prepared tobacco, bread, milk, eggs, ice, sode-water, fruit, flowers, confectionery, souvenirs, newspapers, magazines, gasoline, oil, tires, drugs, medicine and surgical instruments may be sold and may be delivered at any time of the day.'

Section 2146 reads as follows:

'All trades, manufactures, agricultural or mechanical employments upon the first day of the week are prohibited, except that when the same are works of necessity they may be performed on that day in their usual and orderly manner, so as not to interfere with the repose and religious liberty of the community.'

Page 459

The purpose of Section 2146 is to prohibit work and employment on the Sabbath. The word 'trades' refers to carpentering, printing, plumbing, tailoring and the like. It does not envisage the sale of a monument as the plying of a trade, although counsel in his brief argues that the sale of a tombstone partakes of the nature of a religious ritual rather than the sale of a commercial object and points out that the sale of religious objects on a Sunday in a house of worship is not prohibited and that it may be analogous also to the sale of caskets and other funeral equipment. We consider this reasoning specious.

There are comparatively few reported cases in New York involving sales on the Sabbath. Most have resulted in convictions: The sale of grass seed and fertilizer (People v. D'Andre, Mag.Ct., 122 N.Y.S.2d 585, not otherwise reported); commercial car washing (People v. Gill, 206 Misc. 585, 134 N.Y.S.2d 622); a 'farmers' market selling wearing apparel (People v. White of Massapequa,...

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1 practice notes
  • Kesseler v. Kesseler
    • United States
    • United States State Supreme Court (New York)
    • July 1, 1958
    ...on such visits; (2) the expenses of entertainment and transportation, if indulged by plaintiff shall include the nurse and be borne by [11 Misc.2d 731] plaintiff; and (3) the child shall not be taken outside the city limits of New York City on such days of visitation without the written con......
1 cases
  • Kesseler v. Kesseler
    • United States
    • United States State Supreme Court (New York)
    • July 1, 1958
    ...on such visits; (2) the expenses of entertainment and transportation, if indulged by plaintiff shall include the nurse and be borne by [11 Misc.2d 731] plaintiff; and (3) the child shall not be taken outside the city limits of New York City on such days of visitation without the written con......

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